- Source: Fuentes v. Shevin
Fuentes v. Shevin, 407 U.S. 67 (1972), was a case decided by the Supreme Court of the United States wherein petitioners challenged the constitutionality of the Uniform Commercial Code provisions of two states, Florida and Pennsylvania, which allowed for the summary seizure of a person's goods or chattels under a writ of replevin. The statutes were challenged under the Fourteenth Amendment. The Court held that the statutes acted as deprivations of plaintiff's property without due process.
The Court noted that seizure without notice and the opportunity for a hearing is acceptable only under limited circumstances:
The seizure is necessary for an important public or government interest,
There is a need for prompt action, and
The seizure is initiated by an agent of the government.
These exceptions would apply (for example) when property is tainted food, misbranded drugs or unpaid taxes needed to fund a war.
See also
List of United States Supreme Court cases, volume 407
Kahn v. Shevin, 416 U.S. 351 (1974)
Nebraska v. One 1970 2-Door Sedan Rambler (Gremlin), Nebraskan case that cited this
External links
Text of Fuentes v. Shevin, 407 U.S. 67 (1972) is available from: Google Scholar Justia Library of Congress Oyez (oral argument audio)
Kata Kunci Pencarian:
- Fuentes v. Shevin
- Operation In Our Sites
- Nebraska v. One 1970 2-Door Sedan Rambler (Gremlin)
- List of United States Supreme Court cases, volume 407
- List of United States Supreme Court cases by the Burger Court
